1 | 1 | | 86R10990 YDB-D |
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2 | 2 | | By: Powell S.B. No. 2133 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the implementation of a statewide case management |
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8 | 8 | | system for judicial case information. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter C, Chapter 72, Government Code, is |
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11 | 11 | | amended by adding Section 72.0305 to read as follows: |
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12 | 12 | | Sec. 72.0305. STATEWIDE CASE MANAGEMENT SYSTEM. (a) The |
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13 | 13 | | office shall implement a statewide case management system: |
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14 | 14 | | (1) to provide to counties and the Department of |
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15 | 15 | | Public Safety immediate access to judicial case information; and |
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16 | 16 | | (2) for timely reporting of criminal history and |
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17 | 17 | | mental health records and domestic violence protective orders for |
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18 | 18 | | background checks. |
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19 | 19 | | (b) The statewide case management system must: |
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20 | 20 | | (1) include each document or pleading filed for a |
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21 | 21 | | felony criminal matter, mental health adjudication, or domestic |
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22 | 22 | | violence protective order in a state court unless electronic filing |
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23 | 23 | | for the document or pleading is prohibited under any other law; |
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24 | 24 | | (2) allow state court judges access to the system for |
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25 | 25 | | criminal offense sentencing determinations or to perform other |
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26 | 26 | | duties assigned by law; |
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27 | 27 | | (3) allow counties and the Department of Public Safety |
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28 | 28 | | access to information in the system necessary to perform duties |
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29 | 29 | | assigned by law; |
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30 | 30 | | (4) automatically deliver arrest and conviction |
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31 | 31 | | information, conditions of bond, mental health adjudication |
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32 | 32 | | records, guardianship orders, and domestic violence protective |
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33 | 33 | | order information to counties and the Department of Public Safety |
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34 | 34 | | as necessary to perform duties assigned by law; |
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35 | 35 | | (5) maximize the automation and transmission of |
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36 | 36 | | criminal history and mental health records to the National Instant |
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37 | 37 | | Criminal Background Check System operated by the Federal Bureau of |
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38 | 38 | | Investigation and any other state or national criminal and mental |
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39 | 39 | | health record repositories determined by the office to be |
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40 | 40 | | appropriate; |
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41 | 41 | | (6) to the extent feasible, integrate with the |
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42 | 42 | | electronic filing system established under Section 72.031; |
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43 | 43 | | (7) provide a method for archiving expired domestic |
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44 | 44 | | violence protection orders; and |
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45 | 45 | | (8) provide privacy protections for sealed records and |
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46 | 46 | | other records protected by law. |
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47 | 47 | | (c) The office shall initially focus on establishing the |
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48 | 48 | | system in counties with a population of less than 20,000 and expand |
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49 | 49 | | the system to larger counties as time and money allow. |
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50 | 50 | | (d) Information in the statewide case management system is |
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51 | 51 | | exempt from disclosure under Chapter 552. |
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52 | 52 | | (e) The Department of Public Safety shall assist the office |
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53 | 53 | | in implementing the statewide case management system and ensuring |
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54 | 54 | | the system interacts with existing state and national criminal and |
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55 | 55 | | mental health record repositories. The office and department may |
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56 | 56 | | enter into a memorandum of understanding stating the duties of each |
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57 | 57 | | agency in implementing the system. |
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58 | 58 | | SECTION 2. As soon as practicable after the effective date |
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59 | 59 | | of this Act, the Office of Court Administration of the Texas |
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60 | 60 | | Judicial System shall implement the statewide case management |
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61 | 61 | | system required by Section 72.0305, Government Code, as added by |
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62 | 62 | | this Act. |
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63 | 63 | | SECTION 3. This Act takes effect September 1, 2019. |
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